Wind project owner resists state's request

MONTEREY — Officials from the state Department of Historic Resources are reconsidering their request for information from Highland New Wind Development, following an on-site meeting here Tuesday, Oct. 14.

The company plans a 39-megawatt wind energy utility in Highland County, and is seeking investors to get its project off the ground.

According to public information officer Randy Jones, DHR intends to send HNWD a revised set of recommendation within the next 10 days.

Beginning in 2006, DHR repeatedly asked HNWD for an archaeological study, architectural survey, a view-shed analysis, and comprehensive site plan in order to complete its required review of the project as mandated by the company's state permit. HNWD has argued those aren't required, except for an archaeological study, and they would be too expensive for the developer to undertake. The company has estimated it could cost $50,000 to $75,000 or more to comply with the agency's requests.

DHR officials, including agency director Kathleen Kilpatrick and archaeologist Roger Kirchen, met with HNWD owner H.T. "Mac" McBride at Red Oak Ranch, the McBride family property on Allegheny Mountain. Also attending were Highland County Administrator Roberta Lambert, supervisor David Blanchard, and Doug Gutshall, a planning commission member and local expert on Civil War history.

One of DHR's concerns includes the proposed utility's impact on 147-year-old Camp Allegheny, a Civil War battlefield and encampment in West Virginia, within a mile of the project site.

DHR officials were invited to see where the 400-foot turbines are to be erected.

HNWD hopes DHR will not require a view-shed study. Attorneys for HNWD have questioned the need for thousands of dollars in studies to determine how the 18-20 towers might impact historic sites within 1.5 miles of the facility.

DHR has said that, given enough information, it can help the company figure out what, if anything can be done to soften the impact on such sites.

Blanchard told The Recorder it was a perfect, clear autumn day when the meeting took place, and state representatives were impressed with area's beauty. "They were floored by it, by all the unspoiled scenery," Blanchard said. "It was a spectacular day on the mountain. Those city folks got a real treat."

He said Gutshall gave an amazing recount of the history and events that took place at Camp Allegheny. "Doug wondered maybe if, once (battlefield visitors) became involved in the story of the battle, they might not notice the wind turbines," he said, adding there was general agreement, even from McBride, that the towers would definitely be visible from the pristine, historic landmark. "But I guess, what DHR was saying, is that no one really knows because Mac refuses to do a balloon test."

A balloon test is a typical method for view shed studies. It involves floating large balloons at 400 feet, the height of the turbine blades on the towers, and examining from where they can be seen. It was a suggestion first proposed by the Central Shenandoah Planning District Commission six years ago as a way to help supervisors gauge the towers' impact.

As for an archaeological survey, Blanchard said DHR officials explained to McBride why one was needed. DHR told McBride that if he could provide a final, complete site plan, the survey could be more "surgical" in nature, instead of a comprehensive, and more expensive, survey of the entire project site. "They told him (McBride) to put the towers on a map and show it to them, but Mac didn't seem to understand that," Blanchard said.

According to Blanchard, McBride told DHR, "I can tell you right now, you're going to see them." Agency officials explained to McBride the DHR is not trying to stop his project, but they do need this information to evaluate it. "Mac couldn't seem understand that," Blanchard said. "Mac is a developer, and he naturally wants the path of least resistance. He kept talking about how much it's going to cost."

Blanchard said DHR officials told McBride the State Corporation Commission's order granting HNWD a permit stipulates the company is to work with DHR on these issues. "They told him what they needed," Blanchard said.

Kilpatrick tried to help McBride understand the importance of the studies, Blanchard said. "I really think DHR tried hard to explain. They told him (McBride) that not everything had to be perfect but they need certain things within certain parameter … They were very reassuring." DHR repeated the need for some of the data it has requested for the last two years. "Mr. McBride wants to do this project," he added, "and he gives a great explanation of how much he loves his land. It's interesting."

In addition, Kirchen asked Blanchard what the county supervisors wanted to know, and asked questions about the conditional use permit. "I said we want everything," Blanchard told The Recorder. "We want to avoid any problems; we want to look out for the county, and we need to be sure we're asking the right questions at the right time. We don't want to stir up trouble, we just want to protect our citizens."

Blanchard said the discussion between DHR and McBride became a struggle toward the end of the meeting, but that each got the opportunity to explain their needs. "I imagine Mac will always be concerned about money, especially now," Blanchard said, "but I think DHR was trying hard to accommodate him and still get what they needed … DHR kept explaining this was the first project (in Virginia) … and they told him again what they needed, but I don't think much was resolved. We're still waiting on a site plan, too (for the county) and he's not really offering anything, even a minimal site plan. That's where my frustration is right now. I guess my patience is wearing a little thin. But it was really nice being involved."

Blanchard successfully passed a motion with supervisors Jerry Rexrode and Robin Sullenberger just before the meeting took place, to require HNWD invite the board to any meetings with state or federal agencies about the project, as described in the local permit. "Time is flying," Blanchard added. "I'd just like (HNWD) to demonstrate for us that they're moving on this."

The county is currently researching the exact date HNWD's local permit expires. It was granted for a period of two years, and extended for every day the permit was mired in legal challenges. County attorney Melissa Dowd has said she believes the permit would expire next September unless the board extends it, giving HWND less than a year to begin construction.

Blanchard plans to update the board about the meeting next month when supervisors meet again.

In the meantime, Kirchen is still collecting information and drafting a new set of recommendations for the developer. "It was his first time there," DHR's Jones explained, "and it really was more of a fact-finding mission, so they could see the lay of the land and how it related to the area."

Jones said Kirchen did not share with him what the refined recommendations might be, or whether they would be more or less extensive than the current requests.

According to documentation from state agencies, DHR is also trying to find out whether the SCC staff will assist DHR if HNWD refuses to provide the information it has requested. SCC staffers said the DHR has access to an opinion from the state Attorney General if a legal interpretation or enforcement is required.